Bernrd Gaynor

End of Eight Years of LGBT Legal Persecution

5 September 2022

 On Friday, 2 September 2022, the New South Wales Local Court dismissed all remaining complaints lodged against me by serial litigant and homosexual activist, Gary Burns, under the Anti-Discrimination Act 1977 (NSW).

As such, I now have an unblemished 41-0 record after eight years of farcical litigation against me.

This persecution has been aided and abetted by the State of New South Wales, the New South Wales Attorney General, the New South Wales Crown Solicitor’s Office, the New South Wales Department of Communities and Justice, Anti-Discrimination New South Wales and the Attorneys General of Queensland, Victoria, Tasmania and Western Australia.

I have faced a system which has claimed legally untenable retrospective and extra-territorial powers. And this system has rubber-stamped complaints so absurd that they involved Gary Burns claiming that he was vilified by his own comments which he left on my Facebook page.

Yet, despite the enormous resources of state that have been arrayed against me, not a single finding has been made against me. It is a fitting epitaph to the sheer incompetence of each of the bureaucrats involved in perpetuating this injustice.

Nothing highlights the corrupt processes of the New South Wales anti-discrimination industry in this eight-year saga more than these facts:

- The only person who has admitted to breaking the Anti-Discrimination Act 1977 (NSW) is the former Acting President of Anti-Discrimination New South Wales and current Chief Operating Officer of the New South Wales Bar Association, Elizabeth Wing. In September 2016 Elizabeth Wing admitted that she had failed in her duties and responsibilities to provide me with progress reports of her ‘investigations’ under S.90C of the Anti-Discrimination Act 1977 (NSW).

- The only organisation found to have acted unlawfully is the New South Wales Civil and Administrative Tribunal which was found by the New South Wales Court of Appeal in 2017 and the High Court of Australia in 2018 to be acting inconsistently with Chapter III of the Constitution of Australia. 

- The only person who has apologised and withdrawn any statement in these proceedings is Magistrate Susan McIntyre who unreservedly withdrew and apologised for unprovoked and derogatory slurs she had made about my solicitor and, by extension, me during these most recent proceedings.

- In the course of these and other proceedings, Acting Judge Nancy Hennessy (a Deputy President of the New South Wales Civil and Administrative Tribunal) was forced to recuse herself from matters involving Gary Burns after uncontested evidence was presented to the Tribunal that she was seen meeting with him. 

- A Tipstaff in the New South Wales Supreme Court, Thomas Poberezny-Lynch, used an unofficial and private email address to communicate with Gary Burns. How this email address was obtained and what communications were made with it have never been disclosed.

- During this and other associated litigation, Gary Burns has been found by the New South Wales Civil and Administrative Tribunal to have engaged in conduct constituting contempt of court and to have lodged vexatious complaints. He is now also bankrupt. But he remained free to continue his persecution of me.

It is clear from the judgement released on Friday that Gary Burns is finished. He has become too much of a liability for the ‘Thought Police’ and is left a lonely, pathetic and sad loser. He has been discarded by the very system that he thought would protect and honour him. His media allies have abandoned him.

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Miserably, Gary Burns himself admits that he is a despised and hated figure within the LGBT community.

The enormous magnitude of the injustice I have faced is demonstrated by the fact that Gary Burns has not been required to pay costs for a single one of his 41 failed complaints against me, despite every single bureaucrat and judicial officer presiding over these proceedings receiving uncontested evidence that Burns was motivated to lodge complaints against me simply to cause me financial harm. Each of them has ignored this evidence. Instead, the ‘justice’ system has allowed a bankrupt who has boasted of his inability to pay costs to pursue this most unjust legal vendetta against me.

It is clear that the anti-discrimination industry is nothing more than a tyrannical system which seeks to punish by process. It is a blight on Australian society and should be entirely dismantled. As such, I am currently in the process of obtaining legal advice about my options to recover the now almost $600,000 I have been forced to expend defending myself. If possible, I will seek to recover these monies personally from each and every bureaucrat involved in this injustice. I will do all I can to hold these people to account.

In these current proceedings, Magistrate Susan McIntyre is so desperate to avoid dealing with the issue of costs that she has limited my submissions to two pages of double-spaced text. She has also ordered that no submissions on costs be made with respect to the issue of jurisdiction – an issue which she has completely failed to address. She seems petrified of having to justify her decision to hear Gary Burns’ most recent complaints at all. And she has made these orders after also refusing to hear any oral submissions from me in relation to the issue of jurisdiction, despite previous decisions (which still stand) finding that there was no jurisdiction under the Anti-Discrimination Act 1977 (NSW) to bring complaints against me for my conduct in Queensland. I believe that her position is untenable.

Let no one forget that, at the end of the day, all of this has occurred because bureaucrats at Anti-Discrimination New South Wales wanted to protect the behaviour in the image below from any criticism:

I stand here today, after eight years of attack, proud that I have been courageous enough to describe this behaviour for what it is: perverted, degenerate and evil.

I note that all of this has occurred under the cowardly and craven watch of the supposedly ‘conservative’ New South Wales Liberal government. It has nothing but my contempt. Its pretence of conservatism is nothing more than a charade.

It is obvious to anyone who has paid the slightest attention to these proceedings that the only reason they have been allowed to continue is because the New South Wales anti-discrimination industry has basely and maliciously abused its power in order to protect and promote shameful evil. All involved are dishonourable and reprehensible. And all involved will one day answer to God, who will provide perfect justice. I look forward to that day.

I take this opportunity to accuse myself of my own failings. At times, I have been disheartened, dismayed, frustrated, overwhelmed and lethargic. I have failed to take this opportunity to do great good in the face of great evil. I am sorry for these failings.

I call on the media who would gloatingly publish stories of my destruction to do its duty and shine a light on corruption, abuse of power and evil. For years, mainstream media has peddled fake news that Christians persecute homosexuals. Nothing is further from the truth. It is Christians who face real persecution: the loss of their jobs, their livelihoods, their homes, their reputations, their schools and even the destruction of their churches in the face of this merciless onslaught of evil which has already cowed so much of our society into silence.

I thank all those who have supported, encouraged and generously donated to assist me over the past eight years. I can truly say, without your help, that I would not have been able to defend myself. This victory as much yours as it is mine.

I thank my wife, Elle, who has stood steadfastly by my side. She is the real and silent hero in this battle.

Most of all, I thank God who has protected me from the evils I have faced, despite my own failings. He will draw good from this in ways I cannot foresee. The shameful defeats suffered by the forces of evil in this battle are all thanks to God and all glory is His. I also thank Our Lady Help of Christians, St Therese of the Infant Jesus and St Francis Xavier, the patrons of Australia, for their intercession in these most recent proceedings. Evil has been confounded before them and I rejoice in that!

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